Did Building Services, Inc. v. National Labor Relations Board, National Labor Relations Board v. Did Building Services, Inc.

Good Law
915 F.2d 490·135 L.R.R.M. (BNA) 2484·53 Fair Empl. Prac. Cas. (BNA) 1844·1990 U.S. App. LEXIS 16909
United States Court of Appeals for the Ninth CircuitSeptember 26, 199088-7519, 89-70113California5,413 words

Opinion

Opinion

Trott, J.

SUMMARY

Petitioner Did Building Services, Inc. (“Company”) appeals from respondent National Labor Relations Board’s (“Board”) decision that petitioner violated section 8(a)(1) and (5) of the National Labor Relations Act (“Act”), 29 U.S.C. §§ 151-168 (1988), by refusing to bargain with and provide information to the Service Employees International Union, Local No. 102, AFL-CIO (“Union”), and from respondent’s order requiring petitioner to bargain and furnish information. Respondent cross-appeals for enforcement of the order. We have jurisdiction under 29 U.S.C. § 160 (e) and (f), and we affirm.

BACKGROUND

On September 17, 1987, the Union won a representation election among petitioner’s janitorial employees by a vote of eleven to six with three challenged ballots.

The Company filed objections to the election alleging that, during the campaign, the Union’s agents and/or supporters: (1) used racial and religious slurs in describing the Company’s owner, Carmine DiDomenico; and (2) promised to waive initiation fees of employees who signed Union authorization cards.

Testimony at the hearing with respect to racial and religious remarks was as follows.

Supervisor Carlos Violanti…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.